Re Fenwick QC

• Jurisdiction: Singapore
• Judge: Lim Teong Qwee JC
• Judgment Date: 13 February 1995
• Neutral Citation: [1995] SGHC 41
• Docket Number: Originating Motion No 99 of 1994
• Date: 13 February 1995
• Year: 1995
• Published date: 19 September 2003
• Plaintiff Counsel: Aqbal Singh (Aqbal Singh & Pnrs),Quentin Loh (Cooma Lau & Loh)
• Citation: [1995] SGHC 41
• Defendant Counsel: Jeremiah Choy (Jeremiah Choy),Samantha Tan (Attorney General's Chambers)
• Court: High Court (Singapore)
• Subject Matter: Special qualifications and experience of counsel gained as junior, not as Queen's Counsel,Disputed insurance case involving restructuring of computer generated stock records,Ad hoc,Legal Profession,Whether a relevant consideration,Whether case involved considerable difficulty and requiring special skills,Special qualifications and experience,Admission,Application to admit Queen's Counsel,s 21 Legal Profession Act (Cap 161, 1990 Ed)

This is an application by originating motion for an order to admit Justin Francis Quintus Fenwick to practise as an advocate and solicitor for the purpose of appearing for the defendant in S 1696/92. The application is made under s 21of the Legal Profession Act (Cap 161, 1990 Ed) which provides:

(1) Notwithstanding anything to the contrary in this Act, the court may, for the purpose of any one case where the court is satisfied that it is of sufficient difficulty and complexity and having regard to the circumstances of the case, admit to practise as an advocate and solicitor any person who -

(a) holds Her Majesty`s Patent as Queen`s Counsel;

(b) does not ordinarily reside in Singapore or Malaysia but who has come or intends to come to Singapore for the purpose of appearing in the case; and

(c) has special qualifications or experience for the purpose of the case.

I made an order admitting him and the plaintiff in that case has given notice of appeal.

Sufficient difficulty and complexity

The plaintiff carries on business as a dealer and trader in diamonds and other precious stones at its premises in Far East Shopping Centre and by a jeweller`s block insurance policy the defendant a Hong Kong company carrying on insurance business in Singapore agreed to insure the plaintiff against loss of stock including loss by burglary or theft for the period 17 October 1991 to 16 October 1992. The policy was issued in October 1991 but by an endorsement dated 28 January 1992 the basis of valuation of the plaintiff`s stock was amended to `at cost as per computer records`. The plaintiff alleges in para 5 of the statement of claim that on 4 May 1992 during the currency of the policy its premises were forcibly and violently entered by two unidentified persons and its stock was stolen by them. The particulars of stock allegedly stolen are set out in a list of some 175 items classified under six headings. Below is the first of such items by way of illustration:

Stock Code Description Date Number of Carats Unit Cost Total Cost

1111 BR D VVS1 17.10.91 2.57 8,000.00 20,560.00

The total cost in respect of all the items is US$4,930,894. In para 6 it is alleged that `The plaintiff`s loss, calculated in accordance with the plaintiff`s computer records, amounted to US$4,930,894.` All the allegations in paras 5 and 6 are denied. Paragraph 4 of the defence states:

By a written proposal and declaration made on or about 17 October 1991, which proposal and declaration together with the particulars and statements contained therein formed the basis of and were expressly incorporated into the contract of insurance, the plaintiffs submitted statements and particulars that were untrue and/or amounted to non-disclosure and/or misrepresentation of material facts.

Particulars

(a) In answer to the question, `Do you keep proper records of all sales, purchases and transactions?` the plaintiffs stated `Yes`. The same was untrue in that:

(i) there were incomplete records of consignment notes;

(ii) there were little or no records for overseas purchases which were alleged to be settled by way of contra entries against the plaintiffs` own sales or from direct payment to overseas suppliers by the plaintiffs` debtors;

(iii) there were no records to substantiate deliveries of most of the overseas purchases;

(iv) the plaintiffs` system of keeping a stock record was faulty in that they did not properly or regularly update the same;

(v) the plaintiffs had incomplete records for sales and purchases;

...

Mr Loh in his affidavit says that the claim is based on a computer generated stock balance report after deducting a handwritten list of stock consigned out and a handwritten list of stock in the bank and this is not disputed. He goes on to say in para 10 of his affidavit:

This is a case that requires a detailed knowledge of software programmes and study of the computer records and books and records of the plaintiffs` diamond trading business:

(a) The plaintiffs used a system of computerized stock recording. Much of the plaintiffs` relevant records are contained on computer disc and require interpretation through the use of computer spreadsheets and database programmes.

(b) The case is further complicated by the fact that about two to three months prior to the alleged loss, the plaintiffs altered their system of computerized stock recording by carrying out a massive conversion of their stock codes (as recorded in their computer) from three-digit stock codes to four-digit stock codes, as well as reorganized their stocks, but allegedly without retaining any record of the conversion of the stock codes or the reorganization of the stocks. As the plaintiffs` claim is largely identified by reference to four-digit stock codes, but considerable records of relevant alleged purchases, consignments and sales are identified by three-digit stock codes, this has made it necessary to reconstruct the stock records in order to study and verify the stock movements over at least one financial year.

(c) ...

(d) The advocate presenting the defendant`s case will need to have an understanding of the following matters:

(i) how the elements of the plaintiff`s computerized stock system are made up; how they can be copied, reorganized and updated and how their integrity can be tested;

(ii) how databases operate and how information on them can be sorted, analysed and retrieved;

(iii) how diamond or other jewellery stocks can be kept in computerized form;

(iv) how stock movements can be reconstructed and the link between purchases, sales and stock balances analysed and recreated from limited data.

(e) A detailed knowledge of computer software programmes and how they work will be required not only for examining and reconstructing the data but also to cross-examine witnesses and expert computer witnesses.

...

Mr Aqbal Singh in his affidavit says:

6 ... The plaintiffs maintain that their computer system is, by its nature and capacity, fairly easy to operate and

...